HB6214 96TH GENERAL ASSEMBLY

LRB096 20800 JAM 36558 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6214

Introduced 2/11/2010, by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

10 ILCS 5/10-3	from Ch. 46, par. 10-3
10 ILCS 5/10-6	from Ch. 46, par. 10-6

Amends the Election Code. With respect to nomination petitions for independent candidates to appear on the general election ballot, (i) makes the minimum signature requirement the same as that for an established party candidate seeking the same office (now, a higher minimum), (ii) permits circulation not more than 75 (now, 90) days before the filing deadline, and (iii) makes the filing deadline 75 days after the general primary (now, between 141 and 134 days before the general election).

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 10-3 and 10-6 as follows:

(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)

Sec. 10-3. Independent candidate petitions.

(a) Nomination of independent candidates (not candidates of any political party), for any office to be filled by the voters of the State at large may also be made by nomination papers signed in the aggregate for each candidate by qualified voters at least equal in number to the minimum petition signature requirement of Section 7-10 for a State office candidate of an established political party 1% of the number of voters who voted in the next preceding Statewide general election or 25,000 qualified voters of the State, whichever is less.

(b) Nominations of independent candidates for a public office to be filled at a general election from within any district or political subdivision less than the State may be made by nomination petitions signed in the aggregate for each candidate by qualified voters of that district or political subdivision equaling not less than the minimum petition signature requirement for an established political party candidate for that office.

(c) Nominations of independent candidates for a public office to be filled at a consolidated or special election from within any district or political subdivision less than the State, may be made by nomination papers signed in the aggregate for each candidate by qualified voters of such district, or political subdivision, equaling not less than 5%, nor more than 8% (or 50 more than the minimum, whichever is greater) of the number of persons, who voted at the next preceding regular election in such district or political subdivision in which such district or political subdivision voted as a unit for the election of officers to serve its respective territorial area. However, whenever the minimum signature requirement for an independent candidate petition for a district or political subdivision office shall exceed the minimum number of signatures for an independent candidate petition for an office to be filled by the voters of the State at large at the next preceding State-wide general election, such State-wide petition signature requirement shall be the minimum for an independent candidate petition for such district or political subdivision office. For a special election after redistricting of a congressional district but before the first general the first election following a redistricting of a congressional district districts, nomination papers for an independent candidate for congressman shall be signed by at least 5,000 qualified voters of the congressional district. For the first election following a redistricting of legislative districts, nomination papers for an independent candidate for State Senator in the General Assembly shall be signed by at least 3,000 qualified voters of the legislative district. For the first election following a redistricting of representative districts, nomination papers for an independent candidate for State Representative in the General Assembly shall be signed by at least 1,500 qualified voters of the representative district. For the first election following redistricting of county board districts, or of municipal wards or districts, or for the first election following the initial establishment of such districts or wards in a county or municipality, nomination papers for an independent candidate for county board member, or for alderman or trustee of such municipality, shall be signed by qualified voters of the district or ward equal to not less than 5% nor more than 8% (or 50 more than the minimum, whichever is greater) of the total number of votes cast at the preceding general or general municipal election, as the case may be, for the county or municipal office voted on throughout such county or municipality for which the greatest total number of votes were cast for all candidates, divided by the number of districts or wards, but in any event not less than 25 qualified voters of the district or ward.

(d) Each voter signing a nomination paper shall add to his signature his place of residence, and each voter may subscribe to one nomination for such office to be filled, and no more: Provided that the name of any candidate whose name may appear in any other place upon the ballot shall not be so added by petition for the same office.

(e) A nominating petition for a candidate subject to subsection (a) or (b) may not be circulated and signed more than 75 days before the last day for filing the petition.

(f) The person circulating the petition, or the candidate on whose behalf the petition is circulated, may strike any signature from the petition, provided that;

(1) the person striking the signature shall initial the petition at the place where the signature is struck; and

(2) the person striking the signature shall sign a certification listing the page number and line number of each signature struck from the petition. Such certification shall be filed as a part of the petition.

(3) the persons striking signatures from the petition shall each sign an additional certificate specifying the number of certification pages listing stricken signatures which are attached to the petition and the page numbers indicated on such certifications. The certificate shall be filed as a part of the petition, shall be numbered, and shall be attached immediately following the last page of voters' signatures and before the certifications of stricken signatures.

(4) all of the foregoing requirements shall be necessary to effect a valid striking of any signature. The provisions of this Section authorizing the striking of signatures shall not impose any criminal liability on any person so authorized for signatures which may be fraudulent.

In the case of the offices of Governor and Lieutenant Governor a joint petition including one candidate for each of those offices must be filed.

A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her nomination at the primary election, is ineligible to be placed on the ballot as an independent candidate for election in that general or consolidated election.

A candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who is defeated for his or her nomination at such caucus, is ineligible to be listed on the ballot at that general or consolidated election as an independent candidate.

(Source: P.A. 95-699, eff. 11-9-07.)

(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)

Sec. 10-6. Time and manner of filing new party and independent petitions.

(a) Within 75 days after the day of the general primary, nomination petitions subject to subsection (a) or (b) of Section 10-3 of an independent candidate for an office to be elected immediately following general election shall be filed at the same location as provided in Section 7-12. The electoral board having jurisdiction under Section 10-9 to hear and pass upon objections to nomination petitions also shall hear and pass upon objections to nomination petitions filed by a candidate under this subsection.

(b) When subsection (a) does not apply, certificates Certificates of nomination and nomination papers for the nomination of candidates for offices to be filled by electors of the entire State, or any district not entirely within a county, or for congressional, state legislative or judicial offices, shall be presented to the principal office of the State Board of Elections not more than 141 nor less than 134 days previous to the day of election for which the candidates are nominated. The State Board of Elections shall endorse the certificates of nomination or nomination papers, as the case may be, and the date and hour of presentment to it. Except as otherwise provided in this section, all other certificates for the nomination of candidates shall be filed with the county clerk of the respective counties not more than 141 but at least 134 days previous to the day of such election. Certificates of nomination and nomination papers for the nomination of candidates for the offices of political subdivisions to be filled at regular elections other than the general election shall be filed with the local election official of such subdivision:

(1) (Blank);

(2) not more than 78 nor less than 71 days prior to the consolidated election; or

(3) not more than 78 nor less than 71 days prior to the general primary in the case of municipal offices to be filled at the general primary election; or

(4) not more than 78 nor less than 71 days before the consolidated primary in the case of municipal offices to be elected on a nonpartisan basis pursuant to law (including without limitation, those municipal offices subject to Articles 4 and 5 of the Municipal Code); or

(5) not more than 78 nor less than 71 days before the municipal primary in even numbered years for such nonpartisan municipal offices where annual elections are provided; or

(6) in the case of petitions for the office of multi-township assessor, such petitions shall be filed with the election authority not more than 78 nor less than 71 days before the consolidated election.

However, where a political subdivision's boundaries are co-extensive with or are entirely within the jurisdiction of a municipal board of election commissioners, the certificates of nomination and nomination papers for candidates for such political subdivision offices shall be filed in the office of such Board.

(Source: P.A. 95-699, eff. 11-9-07.)